Case Summary
This case involves Saraswathi, who is seeking a declaration of her easement right over a pathway and a permanent prohibitory injunction against the defendants. The defendants are family members who are allegedly obstructing access to this pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from obstructing plaint C schedule pathway.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff has easement rights over the pathway and issued a permanent injunction against the first two defendants from obstructing it.
Why Plaintiff Won:
The plaintiff established her easement rights through unchallenged evidence.
The plaintiff established her easement rights through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established her easement rights through unchallenged evidence.
The plaintiff established her easement rights through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, plaintiff has established that she is entitled to get a decree of declaration of easement right by prescription over plaint C schedule pathway and a permanent prohibitory injunction.
Judgment Evidence:
In the result, the suit is decreed as follows:- It's hereby declared that the plaintiff is having easement right by prescription over plaint C schedule pathway.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saraswathi
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sheeja
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raji
- Party Age
- 49
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajeesh
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Release deed No.151/2012, Release deed No.667/2012, Release deed No.974/2012, Tax receipt No. KL01020902022/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Praveen. S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of plaintiff's easement right over plaint C schedule pathway
Evidence:
It's hereby declared that the plaintiff is having easement right by prescription over plaint C schedule pathway.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from obstructing plaint C schedule pathway
Evidence:
The first and second defendants are restrained by way of a permanent prohibitory injunction from obstructing plaint C schedule pathway and committing any act of waste therein.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Original of release deed No.151/2012 dated 24.01.2012 of S.R.O, Kadakkavoor
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Original of release deed No.667/2012 dated 23.05.2012 of S.R.O, Kadakkavoor
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Original of release deed No.974/2012 dated 25.07.2012 of S.R.O, Kadakkavoor
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 25.05.2022
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Adv. Commissioner Smt. Aswathi M. Anand
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch prepared and submitted by Adv. Commissioner Smt. Aswathi M. Anand
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Obstruction of easement rights
Case Code
Case between Saraswathi vs Sheeja et al regarding easement right over pathway
Case Code Year
Case between Saraswathi vs Sheeja et al regarding easement right over pathway